“Client” means you.

“Contractor” means AK SOCIAL HOUSE LLC.

“Dispute” has the meaning provided in Section 7.1 hereof.

“Processing Assumptions” has the meaning provided in Section 4.3 hereof.

“Project” means online social media marketing to sell or promote a brand, product or service of Client.

“Schedules” means the schedules referenced in, appended to and made a part of these Terms and Conditions.

“Services” means the services, functions and responsibilities to be provided by Contractor pursuant to the terms hereof, as they may be modified, replaced or supplemented in accordance with these Terms and Conditions, as more particularly set forth in Schedule A.

“Terms and Conditions” means these Terms and Conditions and Schedules hereto.

2.1 Contractor will provide to Client, and Client will receive from Contractor, the Services specified in these Terms and Conditions.

2.2 The Services will be implemented and will commence in accordance with the terms contained herein.

2.3 If any services, functions or responsibilities not specifically described in these Terms and Conditions are required for the proper performance and provision of the Services, they shall be deemed to be implied by and included within the scope of the Services to the same extent and in the same manner as if specifically described in these Terms and Conditions; provided, however, if such implied services will cause Contractor to incur a significant cost increase, then the Client shall pay the amount of the significant cost increase.

2.4 Subject to Section 4.1, Contractor shall be responsible for providing all of the resources necessary to provide the Services.

3.1 Each Party shall perform its obligations in a manner that complies with all applicable provincial and local laws, regulations, ordinances and codes of the State of California.

5.1 Client represents and warrants to the Contractor that:

5.1.1 it has all requisite power and authority to execute, deliver and perform its obligations under these Terms and Conditions in accordance with their respective terms;

5.1.2 it shall comply with all rules and regulations of third parties in relation to their accounts on social media.

7.1 Any dispute relating to the interpretation of, arising out of, relating to or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination (a “Dispute”), will be dealt with by way of binding arbitration by a Party giving written notice to the other Party, no later than five Business Days of a dispute arising.

7.2 Either Party may initiate binding arbitration administered by the ADR Institute of Canada (the “ADRIC”) in accordance with the Arbitration Rules of the ADRIC by providing written notice to the other Party informing the other Party of such intention and the issues to be resolved.

7.3 The arbitral panel shall consist of one arbitrator. The arbitrator will be selected in accordance with the ADRIC procedures referred to above. The Parties shall use their commercially reasonable efforts to conclude the arbitration within three (3) weeks after the arbitrator has been appointed. The arbitrator shall be required, prior to his or her appointment, to acknowledge his or her intention and availability to meet the Parties’ desire that a final decision be issued with respect to the dispute within the time period specified in the preceding sentence.

7.4 The Parties will be entitled to conduct documentary discovery and depositions, the scope of which shall be set by arbitrators. Discovery shall be conducted consistent with the ADRIC Rules.

7.5 The language of arbitration shall be English, and the place of arbitration shall be Orange County, California. The costs of arbitration, including administrative and arbitrator fees, shall be shared equally by the Parties, provided that each Party shall bear the expenses of its witnesses, counsel and other experts.

7.6 The award or decision of the arbitrator shall be in writing, shall set forth the basis for such award and shall be final and binding upon the Parties. Judgment upon the award or decision may be entered in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of the award and/or an order of enforcement, as the case may be.

7.7 Each Party agrees to continue performing its obligations under these Terms and Conditions while a Dispute is being resolved, except to the extent the issue in dispute precludes performance and without limiting either Party’s right to terminate these Terms and Conditions.

8.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, in courts of competent jurisdiction in the State of California, without giving effect to any conflict of law principles or provisions.

8.2 The relationship between Contractor and Client is that of independent contractors. Neither Party shall be deemed to be the legal representative of the other Party nor will anything contained in these Terms and Conditions create or imply an agency, joint venture, partnership or other fiduciary relationship between Contractor and Client.

8.3 Neither Party’s agents, employees or servants shall be considered an agent, employee or servant of the other Party.

8.4 Each Party agrees to assume complete responsibility for its own employees with regard to employer’s liability and withholding taxes, worker’s compensation, social security, unemployment insurance, and occupational health and safety requirements and other federal, provincial and municipal laws.

8.5 If at any time any clause or part of these Terms and Conditions, is found by any court, tribunal, arbitrator or administrative body of competent jurisdiction to be wholly or partly illegal, invalid or unenforceable in any respect, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intention of the parties, and the remainder of the These Terms and Conditions will continue in full force and effect.

8.6 These Terms and Conditions is the complete and exclusive These Terms and Conditions between the Parties with respect to the subject matter hereof, superseding any prior agreements and communications (both written and oral) regarding such subject matter.

8.7 For purposes of interpreting the meaning and intent of these Terms and Conditions, the main text of these Terms and Conditions and the Schedules attached hereto shall, together, be considered to be a single and fully integrated these Terms and Conditions. In the event of an irreconcilable conflict between the provisions contained in this main text of these Terms and Conditions together with the Schedules on the one hand, the provisions of the main text of these Terms and Conditions shall prevail.

8.8 These Terms and Conditions shall be binding on the Parties hereto and their respective successors and assigns. Any assignment by operation of law, order of any court, or pursuant to any plan of merger, consolidation or liquidation, shall be deemed an assignment for which prior written consent is required.

8.9 These Terms and Conditions is intended for the sole and exclusive benefit of the Client and Contractor and is not intended to benefit any third party. Only the Parties to these Terms and Conditions may enforce it.

8.10 The headings in these Terms and Conditions are for convenience of reference only and have no legal effect.

8.11 The exercise by either Party of any right or remedy under these Terms and Conditions or under applicable law will not preclude that Party from exercising any other right or remedy under these Terms and Conditions or to which that Party is entitled by law.

8.12 All references herein to Schedules hereto refer to documents attached or intended to be attached to these Terms and Conditions and are incorporated herein as fully as if they were set forth herein verbatim, whether or not they are actually attached.

8.13 The failure to exercise or delay in exercising a right or remedy provided by these Terms and Conditions or by law does not constitute a waiver of such right or remedy or a waiver of other rights or remedies.

8.14 A waiver of a breach of any of the terms of these Terms and Conditions or of a default under these Terms and Conditions does not constitute a waiver of any other breach or default and will not affect the other terms of these Terms and Conditions. Waiver of a breach of any of the terms of these Terms and Conditions or of a default under these Terms and Conditions will not prevent a Party from subsequently requiring compliance with the waived obligation.

8.15 Any waiver by either Party of a breach of any provision of these Terms and Conditions will not be considered as a waiver of any subsequent breach of the same or of any other provision thereof.

8.16 Any provision of these Terms and Conditions which contemplates performance or observance subsequent to termination or expiration of these Terms and Conditions shall survive termination or expiration of these Terms and Conditions and continue in full force and effect.

9.1 Client hereby acknowledges and agrees that the Company has the absolute right to terminate this Agreement at any given time without giving reason.

9.2 Company avers that any verbal or written abuse of any kind to any of the Company’s staff will result in immediate account termination.

10.1 Your satisfaction with our done for you service including The Pink Vault, #PostformePinkVault, done for you content, GoHybrid services, GoSavvy Services, Mo-Xcuses, and other Programs are important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Programs and Services we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs and Services and no refunds will be provided to you at any time. By using and/or purchasing our Program and Services, you understand and agree that all sales are final and no refunds will be provided.

Since we have a clear and explicit Refund Policy in these T&C’s that you have agreed to prior to completing the purchase of the Program or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

11.1  We understand that sometimes life happens and you may need to pause work on your project. That is completely acceptable if we are notified and made aware of your situation in advance. If your project goes more than 10 days without any forward progress or significant activity from your end, and no prior arrangements have been made with us and agreed to, your project will be put on hold and all associated files will be archived. Once your project has been archived, a $250.00 re-activation fee is required to restart your project and your project will be scheduled into our current workflow where space is available

11.2  If your project remains inactive for an additional 10 days past the 10 day dormancy period (20 days total) with no significant forward progress made, milestones reached, or prior arrangement in place, our engagement will expire, no refunds will be available, and you will forfeit all deliverables associated with this client agreement. Basically, if you disappear for 20 days, or delay the project with no forward movement and no communication for 20 days, this contract will be canceled and no refunds will be given.

12.1  The words, videos, voice, and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.